Jason Cooper is charged with a felony count of institutional sexual assault. Although the alleged victim is 18, a student cannot legally consent to sex with a teacher under Pennsylvania law.

"This is a very delicate and sensitive issue, and some people want to define it as I'm making a statement that it's open season for students," defense attorney Michael Deriso said. "I think that is obtuse. I don't think that's at all what I'm saying. What I'm saying is that until the Legislatures correct the problem, the problem still exists."

In court, Deriso argued there was no evidence that the student had sex with Cooper prior to her 18th birthday and no evidence that Cooper intimidated her in a phone call he made to her after being charged.

Allegheny County Judge David Cashman denied the motions to throw out the charges. The judge got angry at times and turned things on Deriso, asking the attorney if he would want his own daughter in a school with predators.

Cashman went on to ask Deriso if he would be OK with his daughter being in bed with her teachers at age 18.

Deriso told Pittsburgh's Action News 4 that he respects Cashman and knows that the judge is passionate.

The state continued to point toward its argument that Cooper had been "grooming" the student, alleging that he targeted her when she was a sophomore in chemistry class and laid the groundwork for what would ultimately become a sexual relationship.

Cashman said he believes Cooper carried out a plan to have sex with the student, and perhaps exploited the emotional distress she was experiencing at home.

Cooper remains on house arrest while he awaits a trial date. He is under court orders not to have any contact with the student.